Beruflich Dokumente
Kultur Dokumente
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* THIRD DIVISION.
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SANDOVALGUTIERREZ, J.:
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SECTION V
SHIPMENT
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11 Rollo, p. 80.
637
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II
III
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14 Rollo, pp. 3738.
15 Rollo, p. 42.
638
IV
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16 Rollo, p. 45.
17 Rollo, p. 47.
18 Tinio v. Manzano, 307 SCRA 460 (1999); Siguan v. Lim, 318 SCRA
725 (1999); and National Steel Corporation v. Court of Appeals, 283 SCRA
45 (1997).
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19 Security Bank and Trust Company v. Triumph Lumber and
Construction Corporation, 301 SCRA 537 (1999); American Express
International, Inc. v. Court of Appeals, 308 SCRA 65 (1999).
20 Borromeo v. Sun, 317 SCRA 176 (1999); Boneng v. People,304 SCRA
252 (1999).
21 Pimentel v. Court of Appeals, 307 SCRA 38 (1999).
639
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22 Article1174oftheCivilCode.
23 Tolentino, Civil Code of the Philippines, Volume IV, 1997 Ed., p. 128.
24 Records, p. 24.
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right of the government to reject any and all bids subject to its discretion.
Here the government has made its choice, and unless an unfairness or
injustice is shown, the losing bidders have no cause to complain, nor right
to dispute that choice.
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deliver, the options are: one, to use 100% Semirara and second, to
go into urgent coal order. The first option will result in a 75 MW
derating and oil will be needed as supplement. We will stand to
lose around P30 M. On the other hand, if NPC goes into an urgent
coal order, there will be an additional expense of $786,000 or
P16.11 M, considering the price of the latest purchase with ASEA.
38
On both points, reliability is decreased.
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37 Dated August 11, 1987, August 27, 1987, September 8, 1987 and
September 14, 1987, Defendants Exhibits, p. 27.
38 Part I, Plaintiff s Exhibit, pp. 178179.
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there was the requisite public bidding. The claimed loss of profit
arising out of that alleged contract which was still to be negotiated
is a mere expectancy. Tandocs claim that he could have earned P2
million in profits is highly speculative and no concrete evidence
was presented to prove the same. The only unearned income to
which Tandoc is entitled to from the evidence presented is that for
the onemonth period, during which his business was interrupted,
which is P6,125.00, considering that his annual net income was
P73,500.00.
45
In Lufthansa German Airlines v. Court of Appeals, this
Court likewise disallowed the trial courts award of actual
damages for unrealized profits in the amount of
US$75,000.00 for being highly speculative. It was held that
the realization of profits by respondent x x x was not a
certainty, but depended on a number of factors, foremost of
which was his ability to invite investors and to win the
bid. This Court went further saying that actual or
compensatory damages cannot be presumed, but must be
duly proved, and proved with reasonable degree of
certainty.
And 46in National Power Corporation v. Court of
Appeals, the Court, in denying the bidders claim for
unrealized commissions, ruled that even if NAPOCOR does
not deny its (bidders) claims for unrealized commissions,
and that these claims have been transmuted into judicial
admissions, these admissions cannot prevail over the rules
and regulations governing the bidding for NAPOCOR
contracts, which necessarily and inherently include the
reservation by the NAPOCOR of its right to reject any or
all bids.
The award of moral damages is likewise improper. To
reiterate, NAPOCOR did not act in bad faith. Moreover,
moral damages are
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Inc.
DISSENTING OPINION
MELO, J.:
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653
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654
findings of the trial court (Lagrosa vs. CA, 312 SCRA 298
[1999]). Thus, it is beyond question that PHIBROs delay in
the delivery of coal is not attributable to its fault or
negligence, these being the factual findings of both the trial
court and the appellate court.
However, despite this finding, the majority would find
NAPOCOR free from liability to PHIBRO for its act of
excluding the PHIBRO from NAPOCORs subsequent
biddings on the ground that the exclusion is merely the
legitimate exercise of a right
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NAPOCOR reserves the right to reject any and all bids, to waive
any minor informality in the bids received. The right is also
reserved to reject the bids of any bidder who has previously failed
to properly perform or complete on time any and all contracts for
delivery of coal or any supply undertaken by a bidder.
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NBP Can you please state what affect the banning of NPC
of PHIBRO tendering a supply of coal has had on
PHIBRO?
JMA Well, it ended the special relationship between
Phibro and Ulan for a start out now I am in the cost
trading business and I can tell you that when you
loss a significant portion of your throughout like that
the industry is extremely incestuous and everybody
known very quickly that you have not been so
successful as your past years which makes it that
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SUPREME y REPORTS ANNOTATED VOLUME 369
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1990 (Exhs. JJ6 and JJ7). PHIBRO would have won the
tenders for the supply and delivery of about 960,000 metric tons of
coal out of at least 1,200,000 metric tons awarded during said
period based on its proven track record of 80%. The Court,
therefore, finds that as a result of its disqualification, PHIBRO
suffered damages equivalent to its standard 3% margin in
960,000 metric tons of coal at the most conservative price of
US$30.00 per metric ton, or the total of US$864,000 which
PHIBRO would have earned had it been allowed to participate in
biddings in which it was disqualified and in subsequent tenders
for supply and delivery of imported coal.
There is likewise uncontested or unrefuted evidence that as a
result of PHIBROs disqualification by NAPOCOR, PHIBRO
suffered damages in its international reputation and lost
credibility in Government and business circle, and hence an
award is authorized by Art. 2205 of our Civil Code.
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